Can a Family Member’s Will be Opened Prior to Death if Power of Attorney Concerns Exist?

A Last Will & Testament becomes effective only upon the death of the person making that Will.  A person who has made a Will has the right to change it anytime prior to his or her death, assuming that the person has sufficient mental capacity to make a new Will.

As such, a Will cannot be “opened” or administered prior to a person\’s death in order to determine whether that person\’s wishes are being respected.

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Can Assets Designated in a Last Will and Testament Be Disbursed Before Death?

Sometimes a family must make financial decisions on behalf of a person in the last years of life. This can mean the sale of assets that might have been disbursed to a specific person as a part of a Last Will and Testament.

So the question that arises: can a specifically-named beneficiary in a Last Will & Testament request the disbursement of assets from an estate prior to the death of the Maker, in an effort to keep that asset from being sold off prior to death?

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If I File Bankruptcy Today, Can My Wages Still Be Garnished Tomorrow or Next Week?

The filing of a bankruptcy petition will “stay” or stop any garnishment proceedings. If wages are garnished after the Bankruptcy case is filed, the creditor should be required to repay this money to the debtor or to the bankruptcy estate (i.e. the trustee assigned to oversee the bankruptcy case). Complete information on the Bankruptcy filing … Read more

Can a New Attorney-in-Fact Require Documents from a Dissolved Power of Attorney?

If the Power of Attorney document is written so as to require the “attorney-in-fact” to disgorge or turn over any and all documents or financial accounting records he or she may have after the dissolution of a POA, then an obligation to act typically will exist.

But if that language is missing from the document, then the answer is not as black and white.

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